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A167, R193, S968

STATUS INFORMATION

General Bill
Sponsors: Senators Peeler and Rankin
Document Path: SR-0543KM24.docx

Introduced in the Senate on January 17, 2024
Introduced in the House on March 20, 2024
Last Amended on February 29, 2024
Currently residing in the Senate
Governor's Action: May 20, 2024, Signed

Summary: Drivers License Blood Type

HISTORY OF LEGISLATIVE ACTIONS

Date	Body	Action Description with journal page number
1/17/2024	Senate	Introduced and read first time (Senate Journal-page 4)
1/17/2024	Senate	Referred to Committee on Transportation (Senate Journal-page 4)
1/18/2024		Scrivener's error corrected
2/27/2024	Senate	Committee report: Favorable with amendment Transportation (Senate Journal-page 7)
2/28/2024		Scrivener's error corrected
2/29/2024	Senate	Committee Amendment Adopted (Senate Journal-page 28)
2/29/2024	Senate	Read second time (Senate Journal-page 28)
2/29/2024	Senate	Roll call Ayes-xxx Nays-xxx (Senate Journal-page 28)
3/1/2024		Scrivener's error corrected
3/19/2024	Senate	Read third time and sent to House (Senate Journal-page 10)
3/20/2024	House	Introduced and read first time (House Journal-page 22)
3/20/2024	House	Referred to Committee on Education and Public Works (House Journal-page 22)
5/1/2024	House	Committee report: Favorable Education and Public Works
5/7/2024	House	Requests for debate-Rep(s). Erickson, Hiott, Carter, Hixon, Guffey, Sessions, McCravy, MM Smith, BL Cox, Guest (House Journal-page 131)
5/8/2024	House	Read second time (House Journal-page 261)
5/8/2024	House	Roll call Yeas-108 Nays-0 (House Journal-page 261)
5/9/2024	House	Read third time and enrolled (House Journal-page 88)
5/15/2024		Ratified R 193
5/20/2024		Signed By Governor
5/29/2024		Effective date 11/20/24
5/29/2024		Act No. 167

View the latest legislative information at the website

VERSIONS OF THIS BILL

01/17/2024
01/18/2024
02/27/2024
02/28/2024
02/29/2024
03/01/2024
05/01/2024

(A167, R193, S968)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-80, RELATING TO APPLICATIONS FOR DRIVERS' LICENSES OR PERMITS, SO AS TO ALLOW APPLICANTS TO VOLUNTARILY DISCLOSE THEIR BLOOD TYPES, ALLOW THEIR BLOOD TYPES TO BE DISCLOSED ON DRIVERS' LICENSES AND PERMITS, AND TO PROVIDE NO CAUSE OF ACTION MAY ARISE NOR LIABILITY BE IMPOSED ON CERTAIN PERSONS WHEN INACCURATE BLOOD TYPES ARE INDICATED ON DRIVERS' LICENSES AND PERMITS.

Be it enacted by the General Assembly of the State of South Carolina:

Driver's license and permit applications

SECTION 1.    Section 56-1-80 of the S.C. Code is amended to read:

Section 56-1-80.    (A) An application for a driver's license or permit must:

(1) be made upon the form furnished by the department;

(2) be accompanied by the proper fee and acceptable proof of date and place of birth;

(3) contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;

(4) state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country;

(5) state whether a license or permit has been suspended or revoked or whether an application has been refused and, if so, the date of and reason for the suspension, revocation, or refusal;

(6) allow an applicant voluntarily to disclose a permanent medical condition, provided that the disclosure is made on a form prescribed by the department and includes a certification from a physician licensed in this State, as defined in Chapter 47, Title 40 that affirms the existence of the medical condition. The medical condition must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record. The motor vehicle record of a driver may not contain more than three permanent medical conditions unless item (8) or (9) applies;

(7) allow an applicant voluntarily to disclose that he is an organ and tissue donor, which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record;

(8) allow an applicant voluntarily to disclose that he is autistic, which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record. The applicant must provide documentation that he is autistic from a physician licensed in this State, as defined in Section 40-47-20(35);

(9) allow an applicant voluntarily to disclose blood type, provided that the disclosure is made on a form prescribed by the department and includes a certification from a physician or medical provider. Blood type must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record. The department may use the same symbol used to indicate voluntary disclosure of a permanent medical condition; and

(10) include a statement that certain driver's license and driver's record information may be released, upon request, pursuant to subsection (B).

(B)(1) The information contained on a driver's license and in the driver's department records pertaining to a person's permanent medical condition, as provided for in subsection (A)(6) or (8), or blood type, as provided for in subsection (A)(9), must be made available, upon request only to:

(a) law enforcement, emergency medical services, and hospital personnel;

(b) the medical advisory board pursuant to Section 56-1-221;

(c) permitted entities pursuant to the Driver Privacy Protection Act, 18 U.S.C. 2721; and

(d) the person to whom the records of the permanent medical condition applies.

(2) The information contained on a driver's license and in the driver's department records pertaining to a person's organ and tissue donor status, as provided for in subsection (A)(7), must be made available, upon request only to:

(a) law enforcement, emergency medical services, and hospital personnel; and

(b) the South Carolina Donor Referral Network, as provided for in Section 44-43-910.

(3) The information contained on a driver's license and in the driver's department records pertaining to a person's permanent medical condition, as provided for in subsection (A)(6) or subsection (8), and pertaining to a person's organ and tissue donor status, as provided for in subsection (A)(7), or blood type, as provided for in subsection (A)(9), may not be sold and is exempt from disclosure pursuant to Chapter 4, Title 30, the South Carolina Freedom of Information Act.

(4) No cause of action may arise nor may liability be imposed against any person, government entity, or government entity officer, agent, or employee arising from any action taken by any person in reliance upon an inaccurate blood type indicated on a person's driver's license or driver's record when the license holder, physician, or medical provider provided the inaccurate blood type on the forms required pursuant to this section.

(C)(1) Whenever an application is received from a person previously licensed or permitted in another state, the Department of Motor Vehicles may request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same effect as though entered on the operator's record in this State in the original instance. Every person who obtains a driver's license or permit for the first time in South Carolina and every person who renews his driver's license or permit in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.

(2) The completed and verified form or an affidavit prepared by the department showing that neither he, nor a resident relative, owns a motor vehicle subject to the provisions of this chapter, must be delivered to the department at the time the license or permit is issued or renewed.

Time effective

SECTION 2.    This act takes effect six months after approval by the Governor.

Ratified the 15th day of May, 2024.

Approved the 20th day of May, 2024.

This web page was last updated on June 24, 2024 at 3:01 PM